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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Paterson v William Taylor. [1771] Hailes 391 (23 January 1771)
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Cite as: [1771] Hailes 391
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[1771] Hailes 391
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PROOF - HUSBAND AND WIFE.
Subject_3 Oath of the wife competent to prove furnishings made to herself or the family.
Date: James Paterson
v.
William Taylor
23 January 1771 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, V. 199; Dictionary, 12,485.]
Auchinleck. Mrs Taylor was præposita as to household affairs, and her oath will be good as to furnishings for her family; but her oath will not be received as to other matters in which she is not presumed to have any præpositura.
Coalston. This distinction was made during this winter in the case Faulds against Pollock.
On the 23d January 1771, “the Lords found those furnishings only which were made to Mrs Taylor, or her family, relevant to be proved by Mrs Taylor's oath, and remitted to the Lord Ordinary, reserving the consideration of expenses to the issue of the cause;” altering Lord Gardenston's interlocutor.
Act. A. Elphinston. Alt. J. Boswell.
The electronic version of the text was provided by the Scottish Council of Law Reporting